Appeals by the Accused: Grounds

AuthorSteve Coughlan/Alex Gorlewski
326 Post-trial Matters / Appeals
4.1(c) Appeals by the Accused: Grounds
Is the decision
unreasonable, or not
supported by the
Is the decision wrong
on a question of law?3
Is there no
substantial wrong or
miscarriage of justice4
(or no prejudice, if
jurisdictional error)?5
Yes (reasonableness)7
Yes (reasonableness)7
No (or yes)2
No (or yes)2
Is the decision a
of justice?6
Dismiss the appeal8
Dismiss the appeal8
Allow the appeal9
This chart governs the bases upon which an appeal from a conviction on an
indictable oence by the accused can succeed under s 686(1). Broadly, these fall
into three categories: unreasonable verdicts, errors on a question of law, and
miscarriages of justice. This chart explains the dierences between each of the
three grounds of appeal and the manner in which each is dealt with, which will
lead into Chart 4.1(e), Appeals by the Accused: Possible Outcomes. The chart
accompanying these annotations is based on the assumption that the accused
was convicted on only one charge and is appealing that conviction: some dif-
ference would arise if the accused had been convicted of more than one count
(see note 8, below).
Section 675 sets out the bases upon which an appeal can be commenced,
which are noticeably broader than the bases upon which it can succeed: see
Chart 4.1(d), Appeals by the Accused: Narrowing the Bases for Success. The
chart accompanying these annotations deals specically with appealing a con-

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